Principles of peacekeeping in NATO’s legal framework

Abstract

The article deals with the issue on the principles of peacekeeping activities of NATO as the international organization maintaining the challenges of world's peace and order in particular regions. It puts a light on a divertive coherence of legal practice of international organizations, e.g. UN and NATO and scholar thoughts on given problem of identification and application of the principles of peacekeeping. It is noted that there is an academic debate regarding the number of principles between Lindsey Cameron, Dag Nystrom, Christine Gray, Lise Morje Howard, Hitoshi Nasu, Dieter Fleck, who offer so called "classic" approach on the one hand, and Yoram Dinstein and Osamu Youshida, who have an opposite opinion of their approach of outlining the principles of peacekeeping. The article emphasizes the main key ideas of given scholar views that are unified for each approach in general. The article analyses given academic approaches on the issue of research and outlines the list of the principles of peacekeeping, which are observed: (i) Consent of the parties; (ii) Impartiality; (iii) Non-use of force. Also article gives the definition and gives the explanation to each of them. It is explained the negative consequences in case of breaching given principles. The relevant examples of such in experience of peacekeeping activities are given. Examination of these principles is provided under the jurisprudence of the International Court of Justice and legal practice of the UN, which is fundamentally primal to any kind of peacekeeping activities - of the UN or other international organizations. It is observed the relevant NATO's practice of peacekeeping and NATO's legal acts as well. It is pointed on the importance to follow these principles because of the provisions of the international customary law in general and the UN Charter in particular. The article concludes that the key idea of given principles of peacekeeping regarding the NATO is that that only on the grounds of their fulfilment could the Alliance reach its goals as well as goals of the UN Charter in most effective way without violating international law. It is stressed that given approach on the principles of the peacekeeping is quite certain enough because of subsequently evolution of NATO's legal framework in joint doctrines.